ACIT, HALDWANI vs. M/S. RUDRAPUR SOLVENT PVT. LTD., RUDRAPUR

ITA 4974/DEL/2015Status: DisposedITAT Delhi19 November 2018AY 2007-082 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeal filed by the Revenue was not maintainable due to low tax effect. The appeal was dismissed on this ground.

What were the facts?

The Revenue filed an appeal before the ITAT. The total income assessed by the Assessing Officer was Rs. 50,89,800. The tax effect of the appeal was below the prescribed monetary limit for filing appeals by the Department.

What were the issues?

The primary issue was whether the appeal filed by the Revenue was maintainable before the ITAT given the low tax effect, as per the CBDT circular.

Which sections of the Income-tax Act were involved?

CBDT Circular No.03/2008

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “C” NEW DELHI

Before: SHRI AMIT SHUKLA & SHRI A. N. MISSHRA

For Appellant: Shri Amit Katoch, Sr.D.R

For Respondent: Shri Abhishek Anand, CA

PER AMIT SHUKLA, J.M.: The aforesaid appeal has been filed by the assessee against the impugned order dated 12.05.2015 passed by the Commissioner of Income Tax (Appeals), Haldwani.

Admittedly, the total income assessed by the Assessing Officer is Rs.50,89,800/- on which tax effect is much below the new prescribed monetary limit for filing of appeal by the Department before the ITAT of Rs.20 lac vide CBDT Circular No.03/2008 [F.No.279/Misc.142/2007-ITJ (Pt)] dated 11th July, 2018. Accordingly, the appeal of the Revenue is dismissed as non maintainable because of low tax effect.

In the result, the appeal filed by the Revenue is dismissed.

Order pronounced in the open Court on 19th November, 2018.

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